The measure would have defined the term "person" in the Oklahoma Constitution beginning at the start of biological development, and would criminalize abortion. According to reports, the measure was authored by State Rep.Mike Reynolds. In addition, the proposal would specify that the criminalization of abortion would not apply to miscarriages or to circumstances that places the life of the mother in danger.[1]

According to reports, the petition to obtain signatures started during the week of March 1, 2012, when supporters filed petition text with the Oklahoma Secretary of State's office. Organizers of the ballot initiative effort stated that the proposal would have more impact than the legislation being considered in state legislative session.[2]

Text of measure

Constitutional changes

Citizen initiative

“A ‘person’ as referred to in Article 2, section 2 of this constitution shall be defined as any human being from the beginning of the biological development of that human being to natural death. The inherent rights of such person shall not be denied without due process of law and no person as defined herein shall be denied equal protection under the law due to age, place of resident or medical condition.”

Support

On March 26, 2012, more than 100 people marched to the state capitol in rallying support of the citizen initiative. Among those who marched included the leader of the Roman Catholic Archdiocese of Oklahoma City, Archbishop Paul Coakley. Supporter D.W. Hearn of Oklahoma City stated at the rally: “I think we have to respect the human dignity of unborn children. We're coming together to show solidarity."[3]

Opposition

The following is information obtained from the opposing side of the measure:

According to Shayna Daitch, the national committeewoman for the Young Democrats of Oklahoma, stated: "It really disturbs me that they care more about fetuses and embryos than women currently living in the state of Oklahoma."[4]

According to Ryan Kiesel, executive director of the ACLU's Oklahoma chapter: "Let's save the taxpayers of Oklahoma the time and expense of collecting and verifying signatures, placing this question on the ballot and sending something that we know is unconstitutional to a vote of the people."[5]

On the other side of the argument, Keith Mason, president of Personhood USA, commented: "The opponents of personhood will stop at nothing to deny the people of Oklahoma their First Amendment right to petition the government on behalf of the preborn and ultimately recognize the most basic and fundamental human rights of the smallest and most defenseless people group."[5]

Path to the ballot

Legislative referral

The Oklahoma State Legislature can approve a proposed amendment by a majority vote. However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.